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“genuineness of the transaction”

Cash Credits & Unexplained ItemsSection 68Section 685,938 judgments

The decision most relied on for genuineness of the transaction is Sumati Dayal v. CIT (214 ITR 801), cited in 1,967 judgments on BharatTax.

Leading authorities on genuineness of the transaction

Sumati Dayal v. CIT
214 ITR 801 · 1995 · Supreme Court
1,967
citing judgments

The Revenue is entitled to look behind the apparent form of a transaction to discover its true nature, applying the test of human probabilities and surrounding circumstances. If transactions defy logic or are unnatural, they can be treated as bogus, even if supported by some documentation, especially in cases of cash credits or unexplained investments.

CIT v. Durga Prasad More
82 ITR 540 · 1971 · Supreme Court
1,579
citing judgments

Tax authorities must judge evidence using the test of human probabilities and consider the apparent as real until there are reasons to believe it is not. They can rely on circumstantial evidence and the preponderance of probabilities to determine the genuineness of transactions.

CIT v. Orissa Corporation Pvt. Ltd.
159 ITR 78 · 1986 · Supreme Court
897
citing judgments

When an assessee provides the identity and address of a creditor or investor for a cash credit or share capital under Section 68, the burden shifts to the Department to establish lack of genuineness or creditworthiness, requiring it to conduct further inquiries; mere non-compliance by third parties to summons cannot be the sole basis for an adverse inference against the assessee.

CIT v. Lovely Exports (P) Ltd.
216 CTR 195 · 2008 · Supreme Court
854
citing judgments

If an assessee company receives share application money from alleged bogus shareholders and provides their details to the Assessing Officer, no addition can be made under Section 68 in the company's hands; the Department must proceed against the shareholders by reopening their individual assessments.

McDowell & Co. Ltd. v. CTO
154 ITR 148 · 1985 · Supreme Court
741
citing judgments

The Supreme Court held that while legitimate tax planning is permissible, transactions structured as a "colourable device" or "subterfuge" solely to avoid tax are impermissible. It mandates a judicial shift to look beyond the form to the substance of a transaction, allowing the lifting of the corporate veil in tax evasion arrangements.

(Central)-1 v. NRA Iron & Steel (P) Ltd.
103 Taxmann.com 48 · 2019 · Supreme Court
696
citing judgments

When assessing cash credits, share capital, or loans, the assessee bears the onus to prove the identity, creditworthiness, and genuineness of transactions. This burden is not discharged merely by documentary evidence if field inquiries reveal accommodation entries or dealings with paper/shell companies.

Kale Khan Mohammad Hanif v. CIT
50 ITR 1 · 1963 · Supreme Court
581
citing judgments

The assessee bears the onus of proving the source and nature of any sum of money or receipt found to have been received by them. If the assessee fails to satisfactorily explain the receipt, the Income-tax Officer is entitled to treat it as taxable income.

Umacharan Shaw & Bros. v. CIT
37 ITR 271 · 1959 · Supreme Court
567
citing judgments

An income tax assessment or addition cannot be sustained solely on the basis of suspicion, surmises, or conjectures, as strong suspicion does not amount to proof. The revenue authorities must rely on concrete evidence and material to frame an assessment.

Judgments citing genuineness of the transaction

S S Transport Company, Yamuna Nagar vs. Income Tax Officer, Ward-4, Yamuna Nagar

The appeal stand partly allowed

ITA 870/CHANDI/2024[2015-16]Status: DisposedITAT Chandigarh24 Mar 2025AY 2015-16

Bench: Hon’Ble Shri Rajpal Yadav & Hon’Ble Shri Manoj Kumar Aggarwal, Am आयकरअपील सं. / Ita No.870 /Chandi/2024 (िनधा"रणवष" / Assessment Year: 2015-16 M/S S.S. Transport Company Ito-Ward No.4 C/O Tejmohan Singh Yamunanagar. बनाम/ Vs. #527, Sector 10-D Chandigarh – 160011 "थायीलेखासं./जीआइआरसं./Pan/Gir No. Abhfs-5575-J (अपीलाथ"/Appellant) : (""थ" / Respondent) अपीलाथ"कीओरसे/ Appellant By : Shri Tej Mohan Singh (Advocate )– Ld. Ar ""थ"कीओरसे/Respondent By : Dr. Ranjit Kaur (Addl. Cit )– Ld. Sr. Dr सुनवाईकीतारीख/Date Of Hearing : 20-03-2025 घोषणाकीतारीख /Date Of Pronouncement : 24-03-2025 आदेश / O R D E R Manoj Kumar Aggarwal () 1. Aforesaid Appeal By Assessee For Assessment Year (Ay) 2015-16 Arises Out Of An Order Of Learned Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre (Nfac), Delhi [Cit(A)] Dated 30-04-2024 In The Matter Of An Assessment Framed By Ld. Assessing Officer [Ao] U/S. 143(3) On 28-12-2017. The Grievance Of The Assessee Is Confirmation Of Addition Of Rs.34.91 Lacs & Confirmation Of Adhoc Disallowance Of Expenses. The Registry Has Noted Delay Of 48 Days In The Appeal Which Stand Condoned. Having

For Appellant: Shri Tej Mohan Singh (Advocate )– Ld. ARFor Respondent: Dr. Ranjit Kaur (Addl. CIT )– Ld. Sr. DR
Section 133(6)Section 143(3)Section 40A(2)(b)

reply and finding discrepancies in the documents, Ld. AO held that it was not only a case of excessive payment but the overall genuineness of the transactions was not proved. It was an internal arrangement between the partners of the assessee firm and alleged transporter M/s Krishna Roadlines whose proprietor

Deputy Commissioner of Income Tax, Central Circle-2, Ludhiana vs. Oasis Commercial Private Limited, Chandigarh

The appeal of the revenue stand dismissed

ITA 544/CHANDI/2024[2016-17]Status: DisposedITAT Chandigarh24 Mar 2025AY 2016-17

Bench: Hon’Ble Shri Rajpal Yadav & Hon’Ble Shri Manoj Kumar Aggarwal, Am 1. आयकरअपील सं. / Ita No.414/Chandi/2024 (िनधा"रणवष" / Assessment Year: 2016-17) M/S Oasis Commercial Pvt. Ltd. Dcit- Circle-2 Village Jatwar Tehsil Naraingarh बनाम/ Central Revenue Building District Ambala-134201 Opp. Bvm School Vs. Kitchlu Nagar, Ludhiana 141001 & 2. आयकरअपील सं. / Ita No.544/Chandi/2024 (िनधा"रणवष" / Assessment Year: 2016-17) Dcit- Circle-2 M/S Oasis Commercial Pvt. Ltd. Central Revenue Building Village Jatwar Tehsil Naraingarh बनाम/ Vs. Opp. Bvm School District Ambala-134201 Kitchlu Nagar, Ludhiana 141001 "थायीलेखासं./जीआइआरसं./Pan/Gir No. Aaaco-8412-B (अपीलाथ"/Appellant) : (""थ" / Respondent) अपीलाथ"कीओरसे/ Appellant By : Shri Sudhir Sehgal (Advocate) – Ld. Ar ""थ"कीओरसे/Respondent By : Ms. Kusum Bansal (Cit)- Ld. Dr सुनवाईकीतारीख/Date Of Hearing : 18-03-2025 घोषणाकीतारीख /Date Of Pronouncement : 24-03-2025 आदेश / O R D E R Manoj Kumar Aggarwal ()

For Appellant: Shri Sudhir Sehgal (Advocate) – Ld. ARFor Respondent: Ms. Kusum Bansal (CIT)- Ld. DR
Section 143(3)Section 14ASection 68

appeal before us. 3.4 From the facts, it clearly emerges that the assessee was successful in establishing the identity of the lender, the genuineness of the transactions and creditworthiness of the lender entities. Not only this, the assessee also established the source of source of unsecured loans and established that

Oasis Commercial Pvt. Ltd, Vill. Jatwar District Ambala vs. DCIT, Central Circle-2, Income Tax Department

The appeal of the revenue stand dismissed

ITA 414/CHANDI/2024[2016-17]Status: DisposedITAT Chandigarh24 Mar 2025AY 2016-17

Bench: Hon’Ble Shri Rajpal Yadav & Hon’Ble Shri Manoj Kumar Aggarwal, Am 1. आयकरअपील सं. / Ita No.414/Chandi/2024 (िनधा"रणवष" / Assessment Year: 2016-17) M/S Oasis Commercial Pvt. Ltd. Dcit- Circle-2 Village Jatwar Tehsil Naraingarh बनाम/ Central Revenue Building District Ambala-134201 Opp. Bvm School Vs. Kitchlu Nagar, Ludhiana 141001 & 2. आयकरअपील सं. / Ita No.544/Chandi/2024 (िनधा"रणवष" / Assessment Year: 2016-17) Dcit- Circle-2 M/S Oasis Commercial Pvt. Ltd. Central Revenue Building Village Jatwar Tehsil Naraingarh बनाम/ Vs. Opp. Bvm School District Ambala-134201 Kitchlu Nagar, Ludhiana 141001 "थायीलेखासं./जीआइआरसं./Pan/Gir No. Aaaco-8412-B (अपीलाथ"/Appellant) : (""थ" / Respondent) अपीलाथ"कीओरसे/ Appellant By : Shri Sudhir Sehgal (Advocate) – Ld. Ar ""थ"कीओरसे/Respondent By : Ms. Kusum Bansal (Cit)- Ld. Dr सुनवाईकीतारीख/Date Of Hearing : 18-03-2025 घोषणाकीतारीख /Date Of Pronouncement : 24-03-2025 आदेश / O R D E R Manoj Kumar Aggarwal ()

For Appellant: Shri Sudhir Sehgal (Advocate) – Ld. ARFor Respondent: Ms. Kusum Bansal (CIT)- Ld. DR
Section 143(3)Section 14ASection 68

appeal before us. 3.4 From the facts, it clearly emerges that the assessee was successful in establishing the identity of the lender, the genuineness of the transactions and creditworthiness of the lender entities. Not only this, the assessee also established the source of source of unsecured loans and established that